LB :^527 
AG 

H03 



/9o3 

AMENDMENTS 

TO THE 

Public School Laws 

of Arizona 



Passed by 

The Twenty-Second Legislative Assembly 



of Arizona 


APRIL, 1903 


Published by the 
Superintendent of Public Instruction 

PHOENIX, ARIZONA 


Phoenix, Arizona 
Press of The H. H. McNeil Co. 
1903 . 



1 Vi 




DEC 17 mb 



Uora 



AN ACT 

'^ 

^ Entitled " An Act to Repeal Chapter 3, Title XIX, Revised Statutes of 

Arizona," entitled "Superintendent of Public Instruction," and to 

substitute in lieu thereof the following: 

Be it enacted by the Legislative Assembly of the Territory of Arizona : 

Chapter III. 
Superintendent of Public Instruction. 

2146 (Sec. 17). It is the duty of the Superintendent of Public 
Instruction : 

First. To superintend the Public Schools of this Territory. 

Second. To investio^ate all accounts of school moneys kept by any 
Territorial, County or District officer. 

Third. To apportion, subject to the supervision of the Territorial 
Board of Education, to the several counties on the second Monday in 
January, June and September of each year, or whenever there are two 
thousand dollars in the Territorial School Fund, the amount of money 
to which each county may be entitled under the provisions of this title, 
according to the number of persons between the ages of six and twenty- 
one years, as shown by the last census list of the several counties, and to 
furnish each County Treasurer and County Superintendent with an 
abstract of such apportionment. He shall also certify su;.h apportion- 
ment to the Territorial Auditor, and upon such certificate the Auditor 
shall forthwith draw his warrant on the Territorial Treasurer in favor 
of the County Treasurer of each county for the amount due said county. 

Fourth. To prescribe suitable forms and regulations for making all 
reports for conducting all proceedings under this title, and shall cause 
the same, with such instructions as he may deem necessary and proper 
for the organization and government of schools, to be transmitted 
to the Countj' Superintendents for distribution to the district officers 
and teachers, who shall be governed in accordance therewith. 

He shall prepare a convenient form of school register for the purpose 
of securing accurate returns from the teachers of public schools, and 
shall furnish each County Superintendent with a sufficient number to 
supply at least one copy to each district or school of such county. He 
shall also supply such blank teachers' certificates as may be prescribed 
for the use of the Territorifel Board of Education and Territorial Board 
of Examiners, also the course of study, rules and regulations of schools, 
a list of such books as may be recommended by the Territorial Board of 
Education for school libraries, and such suggestions on school iirchitec- 
ture as he may deem useful. He shall certify the cost of printing such 
blanks, registers, certificates and course of study to the Territorial Aud^- 



tor, who shall draw his warrant on the Territorial Treasurer in favor of 
the person to whom said amount is due, and the Treasurer shall pay 
said warrant out of any money in the Treasury to the credit of the Ter- 
ritorial School Fund ; provided, the cost of printing said blanks, registers, 
certificates and pamphlets shall not exceed the sum of eight hundred dol- 
lars annuall}'. 

Fifth. He shall not be required to visit the public schools in the dif- 
ferent counties, but shall communicate by mail with the several County 
School Superintendents, 

Sixth. To make a printed report on or before the first day of Octo- 
ber preceding each regular session of the Legislature to the Governor, 
who shall transmit a copy thereof to the Legislature. Said report 
shall contain a full statement of the condition and amount of all funds 
and property apportioned for the purposes of education, the number 
and grade of schools in each count}', the number of children in each 
county betw^een the ages of six and twenty-one years, the number of 
such attending pubHc schools, also the number of children between the 
ages of eight and fourteen years, the average number of children that 
have attended the public schools during the two school years previous 
to July 1st of that year, the number attending private schools, the num- 
ber that can read and write, the amount of school money raised by 
county taxation, district taxation, or otherwise, the amount expended 
for salaries of teachers and for building of school houses, a statement of 
plans for the management and improvement of public schools, and such 
other information relative to the educational interests of the Territory 
as he may deem expedient. He shall certify the cost of printing said 
report to the Territorial Auditor, who shall draw his warrant on the 
Territorial Treasurer in favor of the person to whom said amount is 
due, and the Treasurer shall pay said w^arrant out of any money in the 
treasury to the credit of the Territorial School Fund ; provided, the cost 
of printing said report does not exceed the sum of three hundred and 
fifty dollars. 

Seventh. To have the law relating to public schools printed in 
pamphlet form, and, annexed thereto, such forms as he may be unable to 
supply in the shape of blanks. He shall certify to the cost of printing 
said pamphlet to the Territorial Auditor, who shall draw his warrant 
on the Territorial Treasurer in favor of the person to whom said war- 
rant is due, and the Treasurer shall pay said warrant out of any money 
in the treasury to the credit of the Territorial School Fund; provided, 
the cost of printing said pamphlets shall not exceed the sum of three 
hundred and fifty dollars. 

Eighth. To supply school officers and teachers, school libraries and 
the Territorial library with one copy of each of the pamphlets mentioned 
in the preceding subdivision. 

Ninth. To authenticate, with the official seal of the Board of Edu- 
cation, all writings and papers issued from this office. 

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2147 (Sec. 18). To deliver over at the expiration of his term of 
office to his successor, all property, books, documents, maps, records, 
reports and other papers belonging in his office, or which may have been 
received by him for the use of his office. 

2148 (Sec. 19). The office of the Superintendent of Public Instruc- 
tion shall be at some place where there is a postoffice, and he shall 
receive a salary of eighteen hundred dollars per annum, which shall be 
paid quarterly out of the Territorial School Fund upon warrants drawn 
by the Auditor. 

All Acts and parts of Acts in conflict with this Act are hereb\' re- 
pealed. 

This Act shall be in force and take effect from and after July 1st, 
1903. 

Approved March 19th, 1903. 



AN ACT. 
Be it enacted by the Legislative Assembly of the Territory of Arizona : 

Section 1. It shall be the duty of the school authorities of every 
public school in the several school districts of the Territory of Arizona to 
purchase a United States flag, flagstaff", and the necessary appliances there- 
for, and to display such flag upon of near the public school building during 
school hours, and at such other times as such school authorities may 
direct. 

Sec. 2. The said school authories shall establish rules and regula- 
tions for the proper custody, care and display of the flag, and when the 
weather will not permit it to be otherwise displayed, it shall be placed 
conspicuously in the principal room in the school house. 

Sec. 3. It shall be the duty of the Territorial Superintendent of 
Public Instruction to prepare for the use of the public schools of the 
Territory a program providing for a salute to the flag at the opening of 
each day of school, and such other patriotic exercises as shall be deemed 
by him to be expedient, under such regulations and instructions as may 
best meet the requirements of the different grades in such schools. It 
shall also be his duty to make special provision for the observance in 
such public schools of Lincoln's Birthday, Washington's Birthday, 
Memorial Dav and Flag Day, and such other legal holidays of like char- 
acter as may be hereafter designated by law. 

Sec. 4. The Territorial Superintendent of Public Instruction is here- 
by authorized to provide for the necessary expenses incurred in develop- 
ing and encouraging such patriotic exercises in the public schools by an 
apportionment, subject to the supervision of the Territorial Board of 

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Education, from the Territorial School Fund of the amount of money to 
which each county may be entitled to carry into effect the provisions of 
this Act, and furnish each County Treasurer and County Superintendent 
with an abstract of such apportionment. He shall also certify to the 
Territorial Auditor, and upon such certificate the Auditor shall forth- 
with draw his warrant on the Territorial Treasurer in favor of the 
County Treasurer of each county for the amount due said county. 

Sec. 5. Nothing herein contained shall be construed to authorize 
military instruction or drill in the public schools during school hours. 

Sec. 6. This Act shall be in force from and after its passage. 

ApproTcd March 13th, 1903. 



AN ACT 

Relating to drawing and music in schools. 

Be it enacted bj the Legislative Assembly of the Territory of Arizona: 

Section 1. That in all school districts containing a population of 
one thousand or more inthe Territory of Arizona, the Board of School 
Trustees of said school districts are hereby authorized and empowered 
to employ teachers of music or drawing if they deem it for the best inter- 
est of said school district. 

Sec. 2. That the said teachers of music and drawing shall not be 
required to pass an examination and secure a certificate authorizing 
them to teach in the public schools of the Territory, as is required of 
other teachers. 

Sec. 3. That this Act shall take effect and be in force from and after 
its passage. 

Approved March 19th, 1903. 

AN ACT. 
Be it enacted by the Legislative Assembly of the Territory ol Arizona : 

Section 1. Chapter IX of Title LXII of the Revised Statutes of 
Arizona, 1901, entitled " Poll Taxes," be, and the same is hereby amended 
so that said chapter shall read as follows : 

Sec. 2. The Board of Supervisors of each county in the Territory 
shall, on or before the third Monday in January of each year, furnish 
the Treasurer of their respective counties with proper blank school tax 
receipts, sufficient in number for the necessary collection of such tax 
from every male inhabitant in the county liable to said tax. 



Sec. 3. Such receipts shall beprinted, bound in book form, numbered, 
and each shall have a stub to it affixed, containing the same number as 
the receipt to which it is affixed. The stub shall be wide enough to con- 
tain, and, as soon as the tax is paid, shall contain — to be written in by 
the school tax collector or his deputy — the date of the delivery of the 
receipt, the name of the person to whom it is issued and the name of the 
one paying the tax. In case the one to whom the receipt is issued shall 
lose or mislay it, and cannot, after a careful search made therefor, find 
it, the stub giving the above informationshallbesufficientevidenceof the 
payment of the school tax for all purposes. 

Sec, 4. The Treasurer shall sign said school tax receipts, or as many 
thereof as may be necessary, and the same shall be numbered consecu- 
tively from one upwards, and immediately thereon he shall deliver all 
such receipts to the Clerk of the Board of Supervisors, who shall re- 
ceipt to the Treasurer therefor, and shall also countersign them 
and make an entry thereof in a book to be kept for that purpose. 

Sec. 5. The Clerk of the Board of Supervisors shall from time to 
time issue to the County Assessor (who shall be ex-officio School Tax 
Collector, or in case the duties of the County Assessor are performed ex- 
officio by any other officer, such officer, whose duty it is by law to per- 
form the functions of County Assessor in his county, shall be likewise 
constituted and deemed ex-officio School Tax Collector in their several 
counties) so many of the receipts for school tax as he may need, taking 
his receipt therefor, and shall enter the same upon a book to be kept for 
that purpose. 

Sec. 6. No receipts for school tax other than those mentioned in Sec- 
tions 4 and 5 of this chapter, shall be used or given for the payment of 
any such tax, and any School Tax Collector who shall receive any school 
tax without delivering the proper receipt required by law, shall be guilty 
of a misdemeanor of each school tax so received, and on conviction 
thereof shall be punished by imprisonment in the county jail for not less 
than three months nor more than one year, or by a fine of not less than 
one hundred nor more than one thousand dollars for each offense, or by 
both such fine and imprisonment. 

Sec. 7. Upon receiving such receipts from the Clerk of the Board 
of Supervisors, the School Tax Collector shall give a receipt to the said 
Clerk of the Board of Supervisors for the same, and the said Clerk of 
the Board of Supervisors shall immediately charge the same to the School 
Tax Collector on receiving them. Each receipt delivered shall be filled out 
with the sum of two dollars and fifty cents, and said sum shall be 
charged to the School Tax Collector (or each and every one so delivered. 

Sec. 8, The Board of Supervisors of each county shall enact, if in 
their discretion they deem it necessary, an additional bond from the 
County Assessor (as ex-officio School Tax Collector) in such amounts as 
they may deem best for the interests of the county, conditioned on the 



prompt and faithful discharge of his duties and payment into the 
county treasur}-^ of all moneys received by him for school taxes. 

Sec. 9. Each male inhabitant in this Territory, whether a citizen of 
the United States or an alien, over twenty-one and under sixty years of 
age, except members of the volunteer fire departments, National Guard, 
Arizona Rangers, paupers, insane persons and Indians, not taxed, shall 
be liable to pay such school tax as is by this Act provided, and shall pay 
the same to the School Tax Collector upon demand betw^een thefirstday 
of February and the third Monday in December of each year; provided, 
however, that in case of his neglect to pa}- such school tax within the 
time specified, or the failure of the School Tax Collector to demand or 
collect the same during that time, he shall be liable to pay such school 
tax at any time thereafter during the balance of the year. 

Sec. 10. An^' person who is permanently infirm, maimed or crippled 
so as to be disabled from performing manual labor, upon producing sat- 
isfactory evidence thereof before the Board of Supervisors of his county, 
establishing such disability, shall be entitled to an order of said Super- 
visors exempting him from the paj'ment of school taxes. 

A certified copy of such order, if exhibited to the School Tax Collec- 
tor, shall exempt such person from the payment of the school tax. 

Sec. 11. No person liable to pay a school tax shall be deemed or 
held to have paid the same for the year in which said school tax is 
demanded unless he produce and exhibit a receipt therefor issued from 
the office of the County Treasurer in such county, or otherwise prove 
the payment of the same; provided, however, that he may be allowed 
to produce the same evidence of having paid his school tax for that year 
in some other county of this Territory, but in all cases such receipt must 
be accompanied by such evidence of its genuineness as to satisfy the 
School Tax Collector that the party so exhibiting the same has alread}' 
paid his school tax within this Territory for that particular year. 

Sec. 12. To enforce the collection of school taxes, the School Tax 
Collector may seize so much of every, or any, species of property, right, 
title, claim to, or credit of, any person not the owner of real estate in 
said county, and liable to and refusing to pay his school tax when de- 
manded by him, as will be sufficient to pay such school tax and costs of 
seizure and sale, and may proceed to sell the same at any time or place 
upon giving verbal notice at least four hours previous to such sale, and 
deducting the school tax for which the property was sold, and the neces- 
sary fees and costs of sale, shall return the balance of such proceeds, if 
any there be, to the ov.-ner of the property. A delivery of the possession 
of the property sold by said School Tax Collector to any purchaser, 
together with his certificate of sale, shall constitute a sufficient title to 
the purchaser against any claimant whatsoever. The School Tax Col- 
lector shall receive the sum of five dollars for making the seizure and 
sale, as provided for in this section. 

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Sec. 13. Any person or persons, company or corporation, having 
in his, her, their or its employ any male person or persons liable to pay 
school tax under the provisions of this Act, who have not paid said school 
tax, shall, on demand being made by the School Tax Collector, furnish 
him an accurate and full list of the names of all such persons, and shall 
thereupon pay the same, taking his separate receipts therefor, which 
receipts shall constitute and become a legal tender, a claim and set-oif in 
the amount of their full face value in the discharge of any obligation or 
anj' manner of indebtedness existing at the time, or which may at any 
time thereafter exist, and owing to any person or persons by the person 
or persons, company or corporation paying the same. 

Sec. 14. Any person or persons, company or corporation, who shall 
refuse to comply on demand being made to furnish the list of names as 
provided in the preceding Section, shall be guilt3' of a misdemeanor, and 
upon conviction thereof shall be liable to a fine of not less than double 
the amount of the tax for which such persons w^ould be liable to pay 
under the provisions of this Act. 

Sec. 15. If any person assessed for a property tax has not paid a 
school tax due from him, or for which he is liable, it shall be entered on 
the tax roll and charged to the Tax Collector as other taxes are, and 
shall be charged to the real property of the one owing the same, if he 
have real property; but if he have no real property, it shall be charged 
to his personal property, and shall be a lien on such real or personal 
property and collected as a part of the taxes thereon. 

Sec. 16. It shall be the duty of the School Tax Collector to pay 
into the County Treasurer on the first Monday of each and every month 
all moneys received by him for school taxes in the month preceding, tak- 
ing the Treasurer's receipt therefor, which receipt must set forth the 
number and aggregate amount of school taxes paid over to the Treas- 
urer, and must be retained by the School Tax Collector and presented by 
him to the Board of Supervisors at eachquarterly meeting of said Board, 
when a settlement with him as School 'ax Collector shall be had. Upon 
presentation of the aforesaid receipt from the County Treasurer, as pro- 
vided, the Board of Supervisors shall cause a proper credit to the School 
Tax Collector, which entry shall be made in detail and as per receipt 
presented, and shall issue to him as a receipt therefor, which shall be his 
voucher in final settlement with the said Board. 

Sec. 17. Upon receiving the money for school taxes from the Col- 
lector and issuing his receipt therefor, the County Treasurer shall imme- 
diately pass the same to the credit of the school fund of his county. 
The money received from school taxes, and all fines arising from any of 
the provisions of this Act shall, upon the receipt thereof by the Treas- 
urer, be apportioned as other moneys in such fund. 

Sec. 18. On the third Monday in December of each year the School 
Tax Collector shall attend the office of the Board of Supervisors, and 

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then and there shall make final settlement with them, and shall return 
to them any and all school tax receipts in his possession issued as pro- 
vided in this Act, and shall receive credit therefor in the proper book, 
and shall likewise present the proper vouchers necessary to balance his 
account with the Board of Supervisors for school tax receipts issued to 
him that year, and no school tax receipt shall be valid unless issued after 
the third Monday in January of each year. 

Sec. 19. On the third Monday in December of each year the School 
Tax Collector shall file with the Clerk of the Board of Supervisors the 
stubs of all school tax receipts issued by him to persons who have paid 
their school tax, and said Clerk so soon as the school tax for the ensuing 
year is due and payable, and the Board of Supervisors have made a 
final settlement with the Tax Collector and Treasurer for the school 
taxes collected, and the amount received is fully and satisfactorily 
accounted for, on an order, which shall then be made by the Board to do 
so, shall burn the same. 

Sec. 20. From and after the passage of this Act all Assessors and 
ex-officio Tax Collectors in the several counties of this Territory shall be 
allowed to retain five per cent of all moneys collected by them under 
and by virtue of this Act as compensation for collecting same. 

Sec. 21. All Acts and parts of Acts in conflict with the provisions 
of this Act are hereby repealed ; provided that nothing herein shall 
repeal, annul or invalidate any assessment or proceeding for the collec- 
tion of school taxes existing prior to the passage of this Act ; nor shall 
any former law on the same subject theretofore repealed be revived. 

Sec. 22. This Act shall take effect and be in force from and after its 
passage. 

Approved February 20th, 1903. 



AN ACT 

To amend Sections 93 and 96, Chapter X, Title XIX, Revised Statutes 
of the Territory of Arizona, 1901. 

Be it enacted by the Legislative Assembly of the Territory of Arizona : 

Section 1. That Section ninety-three (93), Chapter ten (10), Title 
nineteen (19), of the Revised Statutes of the Territory of Arizona be, and 
the same is hereby amended to read as follows : 

"The Board of Education to have charge of the high school shall 
consist — 

"1. In any single high school district of the three School Trustees 
of such district. 

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*•* 2. Tn any union high school district of five (5) trustees, three of 
whom shall be residents of the school district in which the high school 
is situated. The other two members shall be residents of the remaining 
territorj^ of the union district. All Trustees shall be qualified electors of 
the union high school district, and shall be elected at the time and in the 
manner and for the term of office that School Trustees are elected. The 
returns shall be certified by the officers of election to the County School 
Superintendent, who shall canvass the returns from all the districts and 
declare those candidates elected who have received the largest total 
number of votes in all the voting precincts situated within the union 
high school district, and shall notify them of their election within three 
days; provided, however, that no Trustees of any of the school districts 
composing the union district shall be elected as Trustee of the union 
high school. On the last Saturday of March, 1903, there shall be elected 
in each union high school district five Trustees, two of whom shall hold 
office for one year, two for two years, and one for three years. Ever\^ 
year thereafter there shall be elected a Trustee or Trustees to fill the office 
made vacant by those terms of office which have expired ; provided, that 
nothing herein contained shall affect the present term of office of any 
Trustee of a union high school heretofore elected." 

Sec. 2. That Section ninety-six (96), Chapter ten (10), Title nine- 
teen (19) of the Revised Statutes of the Territory of Arizona be, and the 
same is hereby amended to read as follows: "Applicants, residents of 
any single district or union high school district, shall be admitted to the 
high school upon a certificate from the teacher of the district in which 
they may reside, showing that they have completed the course of study 
in the text books prescribed by law for the eighth grade of the public 
schools. The Superintendent or Supervising Principal of the high 
school shall exercise supervision over the work of the eighth grade in all 
the schools situated in the union high school district. Non-residents 
otherwise qualified may be admitted on the same condition as residents 
upon paying a reasonable tuition fee to be fixed by the Board in charge 
of the school." 

Sec. 3. All Acts and parts of Acts in conflict with this Act are 
hereby repealed. 

Sec. 4. This Act shall take eflect and be in force from and after its 
passage. 

Approved March 18th, 1903. 



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LIBRARY OF CONGRE*;*; 

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019 749 543 1 



